Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.25

Long service leave

    (1)     An employee in the teaching service who has served for 10 years is entitled in accordance with a Ministerial Order to be granted 3 months' long service leave with pay in respect of that period of 10 years' service and one and a half months long service leave with pay in respect of each additional period of 5 years of completed service.

    (2)     Despite subsection (1), a Ministerial Order may provide that an employee who has served for any period less than 10 years is entitled to be granted the long service leave with pay specified by the Ministerial Order in respect of that period of service.

    (3)     If an employee in the teaching service is entitled to a period of long service leave with pay, the Secretary may, at the request of the employee, allow the employee to take the whole or any part of the long service leave at half pay for a period equal to twice the whole or part, as the case may be, of the period to which the employee is so entitled.

    (4)     If—

        (a)     on account of age or ill-health an employee resigns, retires or has their services terminated; or

        (b)     an employee dies—

that employee is in accordance with a Ministerial Order entitled, or (in the case of death) is deemed to have been entitled, to be granted by the Secretary

        (c)     if the period of service is not less than 4 years but less than 10 years, then in respect of the period of service;

        (d)     if the period of service is more than 10 years, then (in addition to any entitlement under subsection (1)) in respect of any part of the period of service which does not give rise to any entitlement under subsection (1)—

an amount of long service leave with pay that equals one-fortieth of the period of service.

    (5)     The Secretary has discretion as to the time of granting any leave under this section so that the teaching service will not be unduly affected by the granting of the leave to numbers of employees at or about the same time.

    (6)     If on account of age or ill-health an employee retires or has their services terminated that employee may, by notice in writing to the Secretary, elect to take pay in lieu of the whole or any part of the leave to which he or she is then entitled and the Secretary must grant the employee pay instead of leave accordingly.

    (7)     If an employee entitled to long service leave or to pay in lieu of long service leave dies before or while taking the leave or (as the case may be) before the pay in lieu is paid the Secretary must to the extent that pay instead of leave has not already been paid to that employee grant pay instead of leave of the whole or part of the leave not taken or (as the case may be) grant the pay instead of leave to the legal personal representative of the deceased employee.

    (8)     For the purposes of this section and section 2.4.26 any person holding Government office or an office in the service of a prescribed public statutory body which upon a recommendation of the Minister is certified by Order of the Governor in Council to be an office substantially similar to a position in the teaching service is deemed to be an on-going employee in the teaching service.

    (9)     A person may be deemed to be an employee in the teaching service under subsection (8) despite that by virtue of any enactment (whether passed before or after this subsection becomes law) he or she, as the holder of a Government office or office in the service of a public statutory body (as the case may be), is not subject to this Act.

    (10)     The nature of the service and the computation of the period of service which entitled employees to be granted long service leave and the method of computing pay under this section is to be as specified in a Ministerial Order and, without affecting the generality of the foregoing, a Ministerial Order may provide that any service—

        (a)     in any Government office (whether an office in the Government of Victoria or of another State or of the Commonwealth); or

        (b)     with any specified authority, institution or similar body, whether in Victoria or elsewhere—

is, or is in certain circumstances, to be taken into account, entirely or to a certain extent in computing the period of service.

    (11)     In the computation of the period of long service leave or pay in lieu of leave to which an employee is entitled under this section there shall be taken into account any long service leave or pay instead of leave already granted to the employee.

    (12)     For the purposes of this section, the services of an employee are deemed to be terminated—

        (a)     on account of age, if on or after attaining the age of 55 years he or she ceases to be an employee;

        (b)     on account of ill-health, if he or she produces to the Secretary satisfactory evidence that ceasing to be an employee is due to ill-health that is likely to be permanent.



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